§ 9.16.040. Damaging trees.

A.

A person commits an offense if the person intentionally or knowingly:

1.

Cuts, breaks, carves into, burns, poisons, otherwise damages, removes or destroys a tree or any part of a tree growing on public property;

2.

Attaches a sign, poster, billboard or other thing by rope, wire, string, any adhesive substance, or any penetrating fastener to a tree growing on public property; or

3.

Places or stores any material around a tree growing on public property in a manner that prevents or impedes the absorption of water, oxygen or fertilizer into the roots of the tree.

B.

A person who commits an offense under subsection A of this section shall, upon conviction, be fined an amount which does not exceed five hundred dollars ($500.00).

C.

It is a defense to prosecution under subsection A of this section that:

1.

The person is an employee of the city and acted under orders of the person's supervisor; or

2.

The person is a contractor or employee of a contractor of the city and the conduct was authorized by and in pursuit of the objectives of the contract.

(Prior code § 19-16)